Shooting Time Lapses In Pennsylvania? Have A Reason Or Get Busted

Apparently taking a sequence of images for a time lapse is no reason enough, and you need to be able to tell what "they are for" or prepare to get busted.

That was the sad experience of Pennsylvania based photographer Jason Macchioni.

While taking images of traffic to get a time lapse composed Jason was approached by a cop who demanded to see an ID. As Jason committed no crime he refused to show an ID which resulted in a loop that defaulted to the cop asking Jason why is he taking pictures. The entire thing was recorded with Jason's caemra.

Interestedly enough, another cop joined the party and threatened to arrest Jason for recording the conversation.

Jason chose not to spend the night in jail.

Here is Jason's account of things from the youtube page.

was shooting a time-lapse which I'm still working on, I arrived at this site around 9 and was there for about 3 hours until these two cops rolled up! At first I was calm and refused to give ID, After the second cop was breathing down my neck and really threatening me. I gave in and tried to get them to leave. Then stuff got heated.

The first officer (Charles Tobias) was nice but just couldn't grasp what I was doing after 4 explanations, He started to become angry when backup arrived, I guess so his fellow cop knew he was tough and could handle me? I gave him my ID even though I knew I didn't have to, to try to make them leave asap, After the second cop (Cleland) notice I was recording become very upset, I guess he doesn't like evidence when he breaks laws and infringes on a citizens rights. He also told me his dash cam and microphone was NOT on. Which I think you must have that on a call like this?

Officer (Harry Cleland) starting saying off camera that "if he wanted to hurt me he would have just came up and did it and stomped my phone and beat me up if he wanted too". I told the officers I wanted to record to protect my self cause a lot of people being "mistreated" by the police. The officer (Celand) said well that's mostly the "blacks" fault, People getting beat up.

He does not know Pa Wiretapping laws at all and my right to record! I have run into this cop before, I was shooting a car accident and this cop said 'If you don't leave, I'm going to confiscate your camera". So now I know he has a record of violating citizens rights!

After the video stops, He (Cleland) went on a rant about people recording cops and thinking "they" know the law and about him thinking "black people are the problem, cause of drugs and crime". They left I took a breath and checked my phone, My heart sank further knowing it didn't catch-all of it. It did catch one thing, Him (Cleland) threatening to arrest me for recording him. Which is against the law, harry cleland

These Cops need to learn the law when it comes to photographers, and I can't wait for my public apology.#

With perfect timing, a day after the incident, David Hobby posted how he deals with similar situations (including a link to the photographer's rights card in the US), how would you handle this?

[via pixiq]

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Comments

Very poor example to post on

  • February 28, 2012
  • Kyle

Very poor example to post on your site.  The kid was basically asking to be treated the way he was.  He was uncooperative, hostile, and self-righteous.  Why not show the police officer who is just doing his job your license?

Have a look at this videos

  • February 28, 2012
  • Anonymous

Have a look at this videos guess it is still the current law.

http://www.youtube.com/watch?v=R7b5slUEw4U

So from this video it was illegal behavior by the cops to ask for the ID and . Don't come with the usual  "If you don't have anything to hide, you can show your ID" crap. The attitude of the cops is just unbearable. Where is the problem of just being friendly? They don't even seem to have the knowledge of what they are allowed to do and what not. Guess I will see the same behavior if I watch "Rampard" in the movies, guess there won't be much difference between the movie and reality.

I have met police officers from several countries, all of them have been nice and reasonable.

[exaggregation]But to be honest I'm kinda afraid to go to the US where it seems to be a job with no entrance qualification like "common sense" or "knowledge of the law" [/exaggregation]

Not only is it against the

  • February 29, 2012
  • Anonymous

Not only is it against the law to ask for ID if there's nothing criminal going on...

What happens if I don't have my license or a form of ID with me? I don't always carry it. Is it okay for the cops to harangue and possibly arrest me for that?

Heck no.

I agree

  • February 29, 2012
  • Anonymous

Poor example. The cops can ask for your id, so can I. It is not illegal. If you wanna be a Dick after standing there with a camera for three hours you are just a morron. I hope you get a speeding ticket for one mile over.

police

  • February 29, 2012
  • Anonymous

 I was photographing the traffic trying to get long exposures of the car lights from a bridge over the motorway, a policeman walked up behind me and asked what i was doing, i explained i was in my final year of a degree in photography and i explained the type of shot i was trying to get. I  pulled out my college id and showed him Result ?  A very interesting discussion with a cop whose hobby was photography, he made a no of suggestions for better sites to do this and turned out to be a very interesting charector. If you want to be a smartarse i am sure the police will respond likewise. Show a bit of respect and i think it will be returned

Yeah, don't be a dick

I have to go with the photographer was being a jerk.

I'm a Libertarian and want the govt to stay out of people's business but for all they knew he was dropping crap on peoples' cars.   He could have been nice and not gone immedeitly defensive and arrogant and likely no one would have asked for his I.D., I photograph around the Raleigh capitol all the time and there are cops everywhere and the few times anyone has asked I talk to them, maybe show a few images and give a business card and everyone goes on about their business all smiles.

 

I've even got a shoot set up with a cops wife from doing this so I have little respect for the photog in the video who was pushing every button he could to get on "America's Dumbest".

"For all they knew he was

  • March 8, 2012
  • Anonymous

"For all they knew he was dropping crap on peoples' cars."

For all I know you could be a terrorist who is trying to hack into government websites because you are sitting near a computer. This is a ridiculous argument.

 

Fucking THANK YOU!!   "But he

  • March 8, 2012
  • kevin

Fucking THANK YOU!!

 

"But he coulda been..." it doesn't matter! He could've been baking a cake, but I don't see an oven. "He coulda been throwing rocks!" Is he? Did you see him do it? Did someone else see him do it? NO!

 

Go to hell all you uneducated whimps who think the cop is right and we should just bend over and take it!

Oh, I see, the police see an

  • March 9, 2012
  • seth1066

Oh, I see, the police see an individual on a bridge, but you want them to wait until they see a rock dropped down on the moving traffic below. Brilliant. PS- Who did the CAPTCHA math calculation for you?

I see an individual on a

  • March 9, 2012
  • kevin

I see an individual on a bridge with a camera. You and the cops see someone minding there own business that needs to be hassled for the sake of boosting your quota or ego size. In your case it's your internet penis size, which is probably throbbing and massive at just over "acorn hiding in a bush" size.

 

Neither using a camera or being on a bridge are crimes, and the combination doesn't make him a terrorist. It looks like your math skills should be in question. (or perhaps your deductive reasoning skills) They have no reason to question him.

 

You should try flinging shit somewhere else, you look like an idiot here.

RE: I see an individual on a bridge

  • March 11, 2012
  • seth1066

So, now you have the cops as having night vision and, apparently, being clairvoyant. What color is the sky on your planet?

So the cop should just assume

  • March 11, 2012
  • kevin

So the cop should just assume he is doing something wrong then arrest him on that? No proof, no facts, no witness, no due process?

 

Please help me find a country that works like that so I can stay far, far away.

RE: cop should just assume he is doing something wrong

  • March 12, 2012
  • seth1066

The beginning of most, if not all, convictions starts with that exact premise. However, in some cases to get to that point, the cops either have to posses a working crystal ball or they have to ask questions. What you seem to want is to have the cops simply take "I'm not doing anything wrong," and walk away. He wasn't arrested and he only had to show his DL because his car was there. That was part of the "due process," making a determination for suspicion.

I think it's fairly obvious that a determination was made early on that there was no law being broken, or about to be. In fact, I would think that this guy wasn't detained at any time; it wasn't a Terry stop.

The entire scene seems to revolve entirely around, A. The cops demanding his ID and the guy not wanting to show it; and B. The cops saying they want him to turn the video recording off vs. the guy insisting that he can legally record. If he wasn't recording (or it wasn't discovered) and he had shown his ID without being provacative, it would have been a two minute interaction.

      Oh I totally understand

  • March 12, 2012
  • kevin

 

 

 

Oh I totally understand they have the right to question him, but he doesn't have to answer any questions. After that, If he hasn't done anything wrong, they should leave him alone. He doesn't need to get hassled for not showing ID, because hes not required to show it.

It wasn't a terry stop, and that's why he doesn't need to show ID.

If the car was legally parked, and he was not inside it, then he doesn't have to show ID because it's not in violation and he's not operating the vehicle. And again, it's just speculation that he was even driving, since there is no proof he was.

He's not even obligated to answer any questions, ever.

The video taping part is a grey area, not fully understood by police or civilians. It's obviously a loophole where they can claim its wiretapping so they can shut it down, but it's definitely not wiretapping.

It should not have lasted more that a few minutes since he did nothing wrong (except maybe the bullshit wiretapping). Two minutes doesn't seem unreasonable since he is standing there, but if for some other reason I don't have two minuets then yeah it's unreasonable and I'm going to leave. The police are not allowed to take up an unreasonable amount of time during standard questioning, and he is free to go whenever he wants.

 

 

 

Truly, I'm surprised he was

  • February 29, 2012
  • Rick

Truly, I'm surprised he was able to break away from his occupy protest long enough to take some pictures.

Because its his right to have

  • February 29, 2012
  • Anonymous

Because its his right to have the protection of the law. ,!

Because this isn't the Soviet

  • February 29, 2012
  • Anonymous

Because this isn't the Soviet Union...don't have to show shit to some dick cop on a power trip. I was arrested for basically the same thing. 24 hours in jail, and case dismissed. Now, along with the ACLU and the National Lawyers Guild, I am suing the cops, and the police dept. The cop is on administrative leave pending trial. We DON'T HAVE TO TAKE ANY SHIT FROM ANYBODY! This is AMERICA!!! Next time some cop from my jurisdiction wants to harass someone, maybe they'll think twice. BTW...a cop in the same precinct is a neighbor of mine. He says the cop that gave me shit is a dick, and does shit like that all the time. Yeah, they're out there. It was totally worth 24 hours in jail if this dick gets fired, or even admonished. The judge upheld what he did was illegal. He'll probably get fired! Rock on USA!

He doesn't have to

  • March 1, 2012
  • Anonymous

Because he has every right not to. At that point the officer is no longer provided a public service, his ego is taking over. The office was abusing his power which is not right at all. He was not driving or commiting a crime when they questioned him. So he does not have to show id. I applaud him for taking a stand!

Very poor example to post on

  • March 12, 2012
  • Anonymous

Why should he show the police anything.  He was not doing anything wrong.  Apparently the one cop stopped him once before.  There is no law that says you cannnot take pictures or video tape a scene.  There are getting to be too many instances where the police are intimitating civilians doing no wrong.  Unfortunately, this is the reason people are loosing  respect for the police. 

Great example!

"Why not show the police officer who is just doing his job your license?"

Why? Because he didn't have to. What about that don't you get?

Also, the cop is not 'just doing his job' - he went far beyond that.

Now drop your drawers - because you were told to.

RE: Great Example

  • April 1, 2012
  • seth1066

Of course he had to show his license, he was driving a car which was parked in plain sight of the cop. And most likely for the sole reason the photographer was an asshole, the cop was clever to divert the reason for the license request to the fact that he admitted he was driving that car.

Do you know where in PA this

  • February 28, 2012
  • dittman

Do you know where in PA this took place?

Video says in E-town

  • February 29, 2012
  • Anonymous

Aka Elizabethtown. It's not far from the HIA. I know the area. Small town.

Police harrassment

  • February 28, 2012
  • Anonymous

It's time call lawyers.  These cops need to be trained on the law they may be the only way it will happen 

photo harassment

  • February 28, 2012
  • Anonymous

I hate to be the one to tell you the king is not wearing any clothes, but damn. If a cop asked for an ID. and your doing nothing wrong give it to him. The cop is doing his job. He didn't think you are a terrorist you just pissed him off. I know it sucks. I have been there and handled it badly and handled it well. Well is much better. Steal yourself for these encounters, there are going to happen.  I admire your guts but know when to try another method.

Good Luck and how did the timelapse turn out?

I don't get it

  • February 28, 2012
  • Angie

If a police officer asks for your ID and you refuse to show it, you are as much as admitting that you have something to hide.

I have lots of things to hide

  • February 29, 2012
  • Greg Miller

I have a lot of things I want to hide, though they are not illegal.  But more importantly it's about being able to be in public without having to explain to someone what you're doing, or have them bother you in any way.

Some folks are excusing the

  • February 28, 2012
  • a_str8

Some folks are excusing the cops, saying that they were just doing their job. I think you're missing the point of the story. Their job is to enforce the law. By detaining someone without cause, threatening him, and misinforming him about his rights, they are breaking the law. They were definitely not "just doing their jobs"

That being said, it's probably safer to just cooperate at the time and then seek corrective action later.

Great job standing up for

  • February 28, 2012
  • Scott Hankinson

Great job standing up for your rights. Those cops sound like thugs. Dont just bendover for them. apparently knowing your rights is giving an officer a hard time. WE HAVE EVERY RIGHT TO FILM COPS.

Show your ID

Who can blame the cop, the photographer acted like a jerk.  Just show your ID, stop being a smart ass, and you both would have gone on with what you were doing.

After watching this I was

  • February 28, 2012
  • Jeremy

After watching this I was curious about Canadian Laws, as obviously I live in Canada.  I found a great site;

http://ambientlight.ca

There is a thorough review of law as it pertains to photography with a printable card to have on hand in case something like this happens here

http://ambientlight.ca/laws/

well

 

I think if he would of cooperated, and explained in an educated maner what a time laps the police would have let him keep going. but since he had to fight with the police. we will never get to see what they would have done. If they treated you badly after you cooperated, then it is time to call your lawyer friend. David has an interesting post on strobist explaining how he avoids this kind of thing. I am sure if a police officer asks you for id, you must comply. even if you dont they can wait until you drive away and then ask for it because they need to be able to prove you are a legal driver. next time kill them with kindness, then find out how they react. In many areas police are required to make audio recordings of their interactions to protect themselves. So if you say they did something wrong it might be atleast on audio. 

 

Apologies if this comes

  • February 28, 2012
  • balls

Apologies if this comes across as blaming the victim. I don't think he was "wrong" and he definitely did not deserve the treatment he got.

However, I would say you got to learn to pick your fights.

Refusing to show your ID to a police officer isn't going to be the end of it. If you fail to comply, you have to imagine that things can get out of hand quickly (again not excusing the behavior of the officer(s) involved).

Punk deserved the treatment...

  • February 28, 2012
  • Photoman

Nothing like a false diversion to minimize one's own stupidity.

I'd like one good reason aside from "I didn't have to" for not showing your ID.

If you're not doing anything illegal, show the ID. Simple. Over and done with. Any escalation is of his own doing.

Law enforcement shouldn't be expected to cheerfully put up with smart a** "I know my rights" types.

 

Smart Ass?

  • February 29, 2012
  • Anonymous

Saying "I know my rights" to a cop is not being a smart ass.  It's simply a statement of fact to a cop who obviously doesn't know the law and doesn't give a damn.  OTOH, there's no way to win an argument with a cop even if you have the facts and the law on your side.  We live in a quasi-police state.  Why do you think the second cop freaked out when he learned you were recording the incident?

A way that is cool

  • February 28, 2012
  • Richard Tack

Cops have to deal with criminals, drunks and a ton of obnoxious J O's all day, everyday. Is it any wonder they have a built in nasty and aggressive attitude? Sure, most of them are clueless on the rights of photographers, but it's really the fault of their superiors, who either are ignorant of the law and/or order their officers to bust them anyway. It's up to us to be informative and instructive. You can catch more flies with honey than vinegar. "I can look it up on my phone" is lame and not a very constructive method.

Suppose two people, civilians, stopped and inquired as to what your taking pictures of? Are you going to tell them in that F U manner, "Because I can, legally and you can't stop me."

I'd never miss an opportunity to teach and inform. If I was in that situation, I would have carefully explained, in an enthusiastic and teaching manner, what time-lapse photography was and showed them an example of it on my phone. Just to show them how cool it is. If you can get them to think it's cool, they are going to think you're cool. And the next time they see you, you get a wave as they drive by instead of a potential bust attempt.

 

 

Cooperate and Report

  • February 28, 2012
  • Anonymous

I see no point in asking for trouble.  There may not have been justification to ask for ID, but would it kill you to provide it?  

You seem to feel strongly about this issue.  If you really did, and were not just trying to make a point, then you would have either: a) refused the ID and get arrested and let ACLU dive in; b) report the incident to the police department in an attempt to clarify what they can and can't demand (and inform ACLU to see if they'd dive in on it).

Refusing a simple think like showing ID, then just posting a video on the internet did exactly nothing to solve what you perceive as a huge problem.  If it is a big problem to you, work to solve it.  Posting yet another video on the internet won't do that.  If you aren't willing to make a commitment to take action to solve it then it appears your motives are just to piss the cops off.  

Get over the internet and take action.

Erosion of rights

  • February 28, 2012
  • Two Bike

Beware the overzealous individuals and the frightened masses who would seek to have you relinquish your rights and freedom so that they may experience a feeling of control or safety.

On the morning of a recent July 4th a private security guard came out of the building he was protecting to tell our group that we "could not park" in the city street. I explained that it was the 4th of July and we were partaking in the 4th of July parade and this was our designated marshalling point for the parade. Our group was to be at this spot at the designated time so that we could ride our motorcycles in the parade.

He repeated that we "could not park there". Again, I explained that it was the 4th of July parade and this was our marshalling point. I thought about explaining how we in the United States celebrated our Independence Day.

Again, "you can not park there".

It was as if he had never heard of the 4th of July, the annual parade, or the concept of freedom.

Again, "you can not park there". So I told him, call your supervisor, call the police, call anyone you want, but we are not moving.

By this time there were 30 or so Harley riders with flags etcetera putting their final touches on their rides.

He looked at the growing number of riders in leathers and their Harleys and retreated to the safety of his building.

People in the United States are in a headlong rush to surrender not just their liberty and freedom but yours as well.

Remember what Benjamin Franklin once said. They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.

RE:Erosion of rights

  • February 29, 2012
  • Richard Tack

"...surrender not just their liberty and freedom..."  What you describe is just an a**hole trying to go territorial on a rent-a-cop power trip. Don't confuse that risible situation with trampling of Constituitional rights. 

I'm sick of seeing this video

  • February 28, 2012
  • Seshan

I'm sick of seeing this video posted all over the photography sites I visit. The guy was being a jerk, He's on a bridge at night over a road, other people don't know what he's doing, all he had to do was show them his ID and that's that, hell, they probably wouldn't of even ran his ID. The idiot couldn't even properly explain what he was doing. Not everyone knows what a timelapes is, or how it works, maybe if he explained it with out being a douche the cops could of under stood. The cops where being defensive back because of how he was acting. If you want respect, show respect.

But the point is, what is

  • February 29, 2012
  • Doug

But the point is, what is showing his ID going to do for the situation? It isn't going to do anything. Either he was or wasn't doing something illegal. The cops know that standing there and taking pictures is not illegal.

It's so the cop knows who

  • February 29, 2012
  • Seshan

It's so the cop knows who he's dealing with, he was out late at night on a bridge. The photog was being a stubran prick. When you refuse to show ID it makes you look suspicous, that you have something to hide, Ya, it's your right not to HAVE to show it, but that doesn't mean you shouldn't. It's pretty standrad for cops to ask for ID. Do you want cops to just start walking away when some one refuses to show a ID? What happens if they go up to a suspected criminal and ask for ID and he refuses? Do you want the cops to just go "Well have a nice day sir" and walk off?

See what you did there? You

  • February 29, 2012
  • Doug

See what you did there? You just made my point.... you compared a photographer, with a tripod and a camera, to a suspected criminal. This was not a photographer with his camera pointed towards windows of houses. There was absolutely no reason whatsoever to believe that this photographer was any kind of criminal or breaking any kind of laws. Zero.

If the photographer were instead holding bricks while standing on the bridge and looking over it and the police rolled up and asked for his ID, that would be a different situation. There is an actual reason for suspicion of a crime being or about to be committed there.

I would have just showed them my ID, but the fact remains that there simply isn't a reason that the cop should have asked for it in the first place.

It's so the cop knows who

  • February 29, 2012
  • Seshan

It's so the cop knows who he's dealing with, he was out late at night on a bridge. The photog was being a stubran prick. When you refuse to show ID it makes you look suspicous, that you have something to hide, Ya, it's your right not to HAVE to show it, but that doesn't mean you shouldn't. It's pretty standrad for cops to ask for ID. Do you want cops to just start walking away when some one refuses to show a ID? What happens if they go up to a suspected criminal and ask for ID and he refuses? Do you want the cops to just go "Well have a nice day sir" and walk off?

compliant subjects

  • February 29, 2012
  • Anonymous

It is quite amazing at how many commenters here are willing to be so compliant at what amounts to an unreasonable request. You have been trained well. We enjoy a willing and subservient common class thanks to you and it could not survive without your outspoken support and encouragement. Keep up the good work, and remember it is important to slap down any and all signs of a free and independant nature, for this type of behavior can only lead to a populace that expects an unreasonable amount of adherence to professional conduct, standards and practices. There is no place for these trivilities in dealing with the public. It would be the end to a police state that strives to protect all from themselves.

RE: compliant subjects

  • February 29, 2012
  • Richard Tack

If one is going to do what you want, don't use dumb lines like, "I/my daddy know(s) the police chief." Or, "I''ve got it on my phone." I was involved in a lawsuit and wanted to root through one of the opponets trash. Perfectly legal and while on my midnight trash mission, I carried the entire print out of the U.S. Supreme Court, that made it legal, on me.

This photographer gives

  • February 29, 2012
  • jmh

This photographer gives photographers a bad name. The "I don't have to" attitude is just going to get you more questions. The police officer is doing his job trying to be sure some nut case isn't doing something he shouldn't be on a bridge over traffic. Garbage answers like "my father knows your chief" is just stupid! when a polic officer asks for ID - show it to him, explain when you are doing on a bridge at night over traffic and maybe even show him you are a legit photog - my bet is they would have wished you well and been on their way. This guy is the same type of guy that will complain when the cops don't do their job and keep people from throwing rocks or worse off a bridge at cars!!! Grow up and show your ID!

Much ado about nothing!

  • February 29, 2012
  • Anonymous

I get tired of people getting lionized for nothing! They didn't beat him up or shoot him.
What's the big deal. Let just say if they saw someone doing something that later proved to be some how part of a crime. Why not just show it to them. Learn how to explain what you are doing. and when they ask you to move on, though they probably won't do that, Then you tell them you'll leave when you are done! How do they know you went some idiot that was going to toss something down on traffic or a jumper! They are not mind readers! Besides if you had treated them with respect they probably would park off to the side and watch! Nothing like having the cops watching your back! I have had that happen a few times in some pretty rough neighborhoods.  Give them a wave as I leave. It's all good!

Cops Can Ask For ID

  • February 29, 2012
  • Anonymous

Cops can ask for id. And in a lot of states I think the court would rule staking out a street corner for three hours a suspicious enough activity that they can 'detain' you at the scene and there fore require you to show your id. Pennsylvania is not one of those states, but though you don't have to show your id, that doesn't make it illegal to ask. I agree with most everyone else. Grow up, be civil. The cops aren't out to get you, they are just doing their job. I don't believe in karma, but it can't be a good idea to piss off too many cops for no reason. It is really hard to obey every traffic law perfectly.

For your consideration

  • February 29, 2012
  • Anonymous

I'm a photographer I've also Worked in EMS for 6 years on the road and 2 years as a dispatcher. I'm also a heavily tattooed individual with tattoos extending down on to the palms of my hand.  I've run in to countless occasions where when I was on the job in full uniform I am treated as a brother in arms.  Out of the uniform I am villified as a, "person of suspician" in most communities, I've been pulled over for exactly that with a headlight out no registration or proof of insurance and been let go with no ticket no fine no nothing and had the officer change his tone completely when I produced my medical licenses.  I've also had handcuffs taken off after identifying myself as an EMT and that I infact ran rescue in their city.  I agree that at the end of the day working with law enforcement is the way to go. On the other hand there are a fair few out there that don't understand your rights let alone their rights, and given that most everyone in public safety is a type A personality they will walk all over your rights if they feel that they are correct. was this the best way to handle a situation? no however those officers were not in the right either

I see the point you were

  • March 5, 2012
  • Nick

I see the point you were trying to make by your experiences, and I think that you proved that there is a problem with police officers trampling peoples rights more than anything by those experiences.

You were saying that you have been handcuffed because of suspicous behavior, and once the police knew you were an EMT they released you, that is incredibly wrong, because they clearly weren't arresting you for what you were doing, rather they were arresting you for what you looked like, which, as far as I know, is completely illegal. Unless you look like you're doing something illegal you shouldn't be detained, and under that circumstance (no offense intended) the fact that you are an EMT, or anything esle similar for that matter, shouldn't make a difference.

On a similar note, thank you very much for the services you provide to the people of your city, you are a better man than I taking such a job.

The photog was wrong

  • February 29, 2012
  • Anonymous

I just love how everyone is a lawyer nowadays & knows every detail of every law in every jurisdiction.  Or maybe they just have an attitude, like this guy.  He caused the problem by not being polite & friendly, acknowledging the police officer's right to ask him for ID & a short explanation of what he was doing.  The photog copped an attitude from the start, which caused the entire "incident".  He was 100% wrong but will never realize it, and apparently many of the responders are in the same boat. 

Try using common courtesy in your dealings with everyone, along with manners, instead of attitude. You will get much farther in life & be a lot happier.

I don't think this wash good example for the website to use if thy were trying to make a point about photographers rights. I'm very disappointed that they chose to use this guy instead of someone who is, and acts like, an adult & a professional.

I've cited my sources about

  • March 5, 2012
  • kevin

I've cited my sources about the law in this situation.

 

You're wrong, unless you can prove you're not.

 

I'll wait here.

pick your battles

I have already said that He was asking for it. right or wrong, just comply with an insignifigant request like an ID. but if they want to see the contents of your camera, or go to your house and look through your underwear drawer, they better be getting a judge involved. IMO showing your ID is not going to erode your rights. Know where to draw the line with compliance, and don't move that line regardless.

2(3) Things I Always Carry When Shooting

  • February 29, 2012
  • Anonymous

First off, the kid in this (at least he is acting like a kid) is being a self-righteous douche trying to force confrontation with the officer. Any lawyer (who isn't trying to clog up the courts with frivolous lawsuits just to "make a point") would ask you why you didn't show your ID and if your answer was "because I don't have to" would call you an idiot. I always carry two things with me on a shoot, my state issued Driver License and my press card (in a foreign country I also carry my passport on me), when asked for my ID I hand them over. My only goal when my shoot is being interrupted is to get that interruption over with; I don't really have the time to get in a pissing match I won't win. Is it right for them to ask me for my ID, I have no idea. When they ask me for it, I show it. If they ask any follow up questions I answer them and then they leave takes 5 min of time tops (instead of a hour or more), I don’t have any inclination to turn into some martyr for “the cause”.

Turn back time

  • February 29, 2012
  • Bill

This would not have happened 30 years ago.  Society is becoming crewl, on both sides.  Officers think they are dignity, and people live in fear, we all live in fear.  The result of terrorism.

"because I can"

I wouldn't consider this as a good answer even the cop was asking a bit naiv. I think this is how they do their job asking questions again so see if there is something odd in the story. And if you are not to much into Photography you might get a bit irritated by the answer 'because I can'. At least when you a cop and try tocheck if there is something wrong. Beeing polite and respectful isn't just a one-way street.

Had he been in a city park

  • February 29, 2012
  • Rick

Had he been in a city park photographing the sunset, the police officer would have never paused.  But any photography around infrastructure in this day and age is going to be questioned.  Get used to it, it is being done in the public interest.

And for all those claiming he had the legal right to do this or refuse that, there are enough nasty little clauses in the Homeland Security Act that you are most likely wrong.

While I won't say the police officer handled the situation well, I understand his position.  Many of the people he deals with late at night would like to see him dead, some of which have likely tried to make it so.  His best response to the situation would have been to note that he has the legal right to stand directly in front of the camera and block any future shots unless this JA becomes a little more forthcoming with some ID and drops the attitude.

The Police Clearly Broke the Law

  • February 29, 2012
  • Anonymous

It is Never OK for the Police to Break the Law

  • February 29, 2012
  • Anonymous

 

Interesting! The photographer handled it in a way that I would never handle this situation. I shoot a lot of night photography, so I am use to cops rolling up on me. Sometimes they ask for ID, which I give them. Sometimes they just ask what I am doing and I tell them and they roll on. I find the best way to deal with this is to just be friendly and open. That is how I choose to handle things and it serves me well. I pick my battles.

With that all said, being a cop does not give you the right to break the law. This photographer might have acted like an a** and he might have handled it in a way that I would not, but the Photographer did not break the law, the cops broke the law. Nothing gives them the right to break the law. Standing somewhere shooting photos is not Probable Cause. Being a black photographer in a white area is not Probable Cause. Being a tattooed photographer in a affluent area is not Probable Cause. Just being a photographer is not Probable Cause.

Bottom line

Photographer did not break the law, he might be an a**, but he did not break the law. Cooperation and friendliness is usually the best policy.

The cops don't write the laws, they do not have the right to create their own laws, a badge does not give you the right to violate the law, as a cop it is YOUR responsibility to support and uphold the laws. In this case, the cops broke the law. I have to have a driver's license to drive, but I am not required to carry ID on me. Not having ID does not make me a criminal, it does not represent Probable Cause and I am not required to present ID. I might look suspicious, but looking suspicious is not a violation of the law or give a cop a right to violate my rights. The police violated this photographer's Constitutional Right. Last time I checked, in America we citizens do have Constitutional Rights.

Being an a** is a choice, but it is legal to choose this option and you have that right, even if it isn't the best option. It is NEVER ok for cops to break the law. Cops are responsible for upholding the law, not violating the law. There is no excuse to break a citizens' rights under the Constitution and laws of the land.

This is pretty black and white, you support the law or you support breaking the law. Photographer, learn your Constitution Rights, but I suggest that you pick your battles; some battles are just not worth the trouble.

 

It's not illegal to be a jerk

  • February 29, 2012
  • Jerry

Good grief. I can't believe all the people who think the police did the right thing. It's not illegal to be a jerk. we don't have to prove to the police that we are not criminals unless it is clear that we are commiting a crime. Police are public servants, not our babysitters. Police are the ones who must put up with public jerks, not the public putting up with jerk police. That is not how it works. I can't believe the way most you react to this. It is debatable whether this guy was a jerk, it sounds more like he has dealt witht his before and he was tired of it. But in anycase it is not illegal to be a jerk and this guy knew his rights. The police acted innappropriately and even threateningly. And why? Not because he was committing a crime, but because he was not 100% compliant, meek and polite. And you blame him. Well sorry police violence enablers, but this is not the way it is supposed to work.

good cop bad cop

  • February 29, 2012
  • Anonymous

i dont know it but i would say this young man has had a run in with a bad officer at some point. I think the first cop was being somewhat "normal" and "by the book"...but once or twice or three times that you have a run in with a bad officer, you really get the meaning of "the biggest gang in the city" (with guns). And once or twice you over look it but by the third time you are an educated citizen. I dont think there is anything wrong with that. I just think our young photographer is over zealous and over prepared for the wrost case scenerio. Be prepared to get a baton in your head at some point as well as spending a night in the police staion if you are out and about and at the wrong place at the wrong time. The police are not perfect, they are just people so they have the same faults we do. except they have guns and the law on their side. Take your beatings and live to photograph another day...and also have a good lawyer. That helps...

Standing up for yourself

  • March 1, 2012
  • Gina

Some cops think they're above the law and therefore abuse their position by treating ppl like rubbish.....the racial slurs & bullying are evidence.  Jason knew his rights thanks to a lawyer, someone who most probably knows the law better than a cop.  Jason explained many times why he was there with his camera gear and they kept ignoring his repeated answer.  By what I heard, he definitely was not being rude or arrogant but standing up for his rights to be in a public place, doing something that was not a threat or a motive for any form of terrorism.  Why is it that some ppl think we should have to conform and submit to the bullying tactics of those who think they have the right to treat you anyway they wish? Everyone has the right to be treated fairly and with respect if they're doing nothing wrong.   

I believe in standing up for what is right according to God, not man.  If it's law that Jason does not have to show the cops his ID, then they should not only know this but respect his wishes to do so.  I'm not anti-law enforcement, I just believe that some ppl do not deserve to wear the badge.

Wow

  • March 1, 2012
  • Log1c

Wow, it's both surprising and disappointing at the number of folks sticking up for the bully mentality of the cops.  Sure the guy was a smart*ss, which insulted the cop, which led to the whole ID game.  It became quite evident when they weren't getting any compliance, their feeling of being in control threatened, they use the badge to try and regain their feeling of dominance.  Why did the cops have to act so ignorant to what he's doing, surely they aren't that dumb?  Do they feel it's really a game?  Instead of Cop vs Civilian, this became attitude vs attiudes with badges. 

Let's try some sanity

  • March 1, 2012
  • Jim

I didn't read all the comments, because it was obvious from other, similar posts how they would go.  But let's try a little sanity here.  And let me establish my creditials:  25 years in military and state law enforcement, 26 years in security, and 30 years as a photographer (obviously during the same time -  I'm not 81 years old).

In case you missed it, we had a little event called 9-11.  In the wake of that event, law enforcement agencies were put on alert all over the country, and the search for terrorists continues still.  One of the areas local cops were told to watch for was "suspicious" people (whatever that means) photographing public buildings, infrastructure (like bridges and water reservoirs), and so forth.  Most local cops want to do well (of course there's always the exception), but are not trained in counter-terrorism, so if they see something unusual they pounce on it.  Now, the laws may be different were you are, but in my jurisdiction if a police officer asked for ID you either produced it or identified yourself with your name and date of birth.  If you didn't identify yourself, that was cause to investigate further.  Maybe something comes of it (like an outstanding warrant) or maybe not, but the cop isn't going to accept "it's my right" and just walk away, ACLU or no ACLU.

As a photographer, I've been stopped and asked what I was doing and for identification, and it pissed me off, too.  I can go on for hours about the First Amendment, public access, etc., but what would I accomplish?  The bottom line, understand the cop has a job to do, most don't want to hassle you, but if you come off as a street-side lawyer, you're going to raise their hackles.  So, I agree with David Hobby's way, and you can show your ID and explain what you are doing.  You'll probably be able to get your shot and move on your way, or you can cop an attitude and spend a "reasonable amount of time" (Terry v Ohio) while the police officer determines that there has been no crime committed.  Your choice.

Thanks for fighting for our

  • March 1, 2012
  • kevin

Thanks for fighting for our country and all, but don't go back on your 25 years of service and say standing up for our First Amendment rights wouldn't accomplish anything. I wouldn't mind being stopped for a "reasonable amount of time" to stand up for mine. However long it takes, it is reasonable, you've been fighting for it for 25 years.

Terry v Ohio was about a search and seizure, with reasonable suspicion of a crime or that they reasonably suspect that the person to be detained may be armed and dangerous. The only mention about time is that it should be brief, and that's only after there is a reasonable suspicion of a crime or that they reasonably suspect that the person to be detained may be armed and dangerous.

See the wiki article about stop and identify statues section "consensual"
http://en.wikipedia.org/wiki/Stop_and_Identify_statutes#Consensual

 

"in my jurisdiction if a police officer asked for ID you either produced it or identified yourself with your name and date of birth.  If you didn't identify yourself, that was cause to investigate further."

Where is your jurisdiction? There is no federal law, only some state laws that have anything like that, and it's only after a Terry stop. Not identifying yourself while not during a Terry stop doesn't give cause to investigate further and doesn't create probable cause. In some states it can be considered with other actual probable cause during a Terry stop.

 

Terry, 1st Amendment, and pragmatism

  • March 2, 2012
  • Jim

Kevin,

I was a state police officer in Alabama and a commissioned Air Force Security Police officer.  And under Terry, all I have to do to detain you is to be able to articulate the circumstances that led me to a reasonable suspicion (not probable cause) that a crime may have been committed.  Any decent cop can do that.  "Your honor, I observed the defendant was standing on a bridge, vital to the transportation of this community, for several minutes late at night photographing traffic on the road below.  Department of Homeland Security alert number 00-123 [ I don't remember the actual number any more - I don't have to] advised of terrorists using photography to do reconnaisance on vital infrastructure."  Especially when the defendant refused to identify himself or provide a reasonable explanation of his activities, the stop would be upheld.

My point is that if you want to stand up for your rights by arguing with a cop in suspicious circumstances (and that list has been greatly expanded post-9-11), go ahead, but be prepared to accept the consequences.  That may mean on-site detention, arrest for another offense (I don't know the Pennsylvania wiretap law, but I know other states have similar laws), and court appearances.  Maybe if you are lucky you can get your name on a Supreme Court case that lawyers will have to memorize for years to come.  I took an oath that is still in effect to support and defend the Constitution.  But I think there are other, more important Constitutional battles to fight.  To my mind, getting arrested to take a photo is not one of them.

I meant "reasonable

  • March 3, 2012
  • kevin

I meant "reasonable suspicion" before you can be terry stopped. My mistake.

As far as I can find in Alabama law you still need reasonable suspicion before you can "demand of him his name, address and an explanation of his actions." and if they dont comply, it doesn't implicate reasonable suspicion, actual probable cause or guilt. I don't know if USAF rules are different.

I understand you can say what you want to the judge, and probably get away with it, but I see a big problem with that. Taking pictures has nothing to do with terrorism, and to make that connection seems far fetched. It seems like a scare tactic, and you embellishing the truth seems pretty messed up too.

If I was in a police officers shoes then I can understand how dealing with punk kids all the time would get on my nerves and cause me to react to a situation the wrong way like this police officer did.

The part about standing up for my rights is about every single right, not the just the big ones, including taking pictures in public. If that right gets eroded, and we start fearing little things like that then it's easier to take away more of our rights.

I really don't have a lot of run in with cops, and I don't think I've ever had one while taking pictures at night. If that ever happens I'm not going to be holding a camera in his face saying I know his superiors, that's just stupid. I would be polite, "hello sir, hows your night going" and all that. I'd answer simple questions like what I'm doing, just to be polite, but he doesn't need to see my ID for any reason. He asks for ID, I ask if I've done anything wrong. Since I'm just taking pictures then the answer is obvious. He says no, I say ok thanks, am I free to go? If I'm not free to go then he has unlawfully detained me.

 

I usually start off with a smile and a "hi how are you" so that's probably why I've never been arrested, and only ever got a couple tickets, which I deserved.

 

Thank you for your response.

Sorry, but I can't let that go unchallenged

  • March 4, 2012
  • Jim

Kevin

I take extreme exception to the implication that I would "embellish the truth" in court testimony.  Read again my testimony that I would have given had I been the cop in this case:  "Your honor, I observed the defendant was standing on a bridge, vital to the transportation of this community, for several minutes late at night photographing traffic on the road below.  Department of Homeland Security alert number 00-123 [I don't remember the actual number any more - I don't have to] advised of terrorists using photography to do reconnaissance on vital infrastructure."  I challenge you to point out anything in that account that was not either my personal knowledge or in the video.

The DHS put out an alert after 9/11 that said they had evidence that al-Qaida had used photographic reconnaissance on federal court houses and other infrastructure.  DHS even went on National Public Radio and confirmed this:  http://www.npr.org/templates/story/story.php?storyId=4705698  If I reference that in your preliminary hearing to back up my reasonable suspicion for my Terry stop on you, that is not embellishment, it’s evidence.    If you don’t like the DHS alert, take it up with your Congressman, not the cop on the street.  He doesn’t get to decide the law. 

Since then, in 2010 DHS had to back off, but I’m no longer in law enforcement circles, so I cannot confirm that they published the change in policy, or whether that change got communicated to the cops on the street.  http://www.popphoto.com/news/2010/10/homeland-security-settles-photograp...

I felt that adding that the

  • March 4, 2012
  • kevin

I felt that adding that the bridge is "vital to the transportation of this community" was added to make your case sound better, while not adding any real pertinent information.

While it may be a fact, you don't need to add that. That's like saying "my son, who likes kittens, is innocent of suspected terrorism."

 

The NPR article link is broken. Thanks for the other link.

You may think that it is over

  • March 4, 2012
  • Jim

You may think that it is over the top, but in court, if isn't unsaid, it's not counted.  The bridge may have been abandoned or closed, and therefore not vital to the area's infrastructure.  I'll say it once again, the officer must articulate the factors that led him to  reasonable suspicion, using the "totality of the circumstances", that a crime did, or was about to, take place.

See, it's not as easy as it looks.

It doesn't look

  • March 4, 2012
  • kevin

It doesn't look easy.

 

Thanks for your response.

to many spy movies.

I bet if terrorists are taking pictures for research, they are using an inconspicious point and shoot. otherwise they are brobably taking notes, and drawing from memory, or finding pre existing pictures online. the idea of a guy in a car with an slr is a movie plot, used so the DP can take cool shots as if through a view finder, and add some shutter clicks and shuter black outs.

This is ridiculous

  • March 1, 2012
  • kevin

There was no reasonable suspicion of a crime.

Terry Stop.

 

There was no probable cause and he doesn't need to produce any identification.

4th Amendment.

 

He doesn't need to answer any questions.

5th Amendment.

 

 

See the wiki article about stop and identify statues section "consensual"

http://en.wikipedia.org/wiki/Stop_and_Identify_statutes#Consensual

 

 

 

Wiretapping? No. It seems reasonable to me that someone with electronic equipment like a camera would record a conversation with a police officer, or anyone or anyhting else in a public space. If everyone starts doing it then it becomes a "circumstance in which the parties to the communication may reasonably expect that the communication may be overheard or recorded." (CA law §632) and then it's not covered under wiretapping laws.

 

"Any oral communication uttered by a person possessing an expectation that such communication is not subject to interception under circumstances justifying such expectation." (PA law § 5704) also doesn't count if there is expectation that any oral communication may be subject to interception. Which they will when more people start doing it.

 

http://www.ncsl.org/issues-research/telecom/electronic-surveillance-laws.aspx

Seriously I think all the off

Seriously I think all the off camera claims are b.s. It's guys like this that give the rest of us urban shooters a bad reputation. Just do what they say and cooperate. If they ask for ID, show it. Who cares? The reason they do that is only to check for outstanding warrants, if you have none then so what? If you do, then you're dumb for being out of hiding. And honestly all the quotes about things said off camera have got to be fake. You can hear in his voice on camera that he wouldn't take it that far. His voice was already shakey taking about what he barely knew about. Already nervous because you couldn't blaitently explain what a simple time lapse is and any sane person won't throw "I know the chief" unless there is a valid honest story behind it. Don't try and act tough and be a show off. 

If they ask you to leave, do so. Who cares. Happens to me all the time and I'm not wearing any shiny braclets. 

Wiretapping laws...

  • March 1, 2012
  • Judsonian

The cops says that its illegal for you to record his voice on video, yet I'm sure that all the patroll cars there have a dash cam that was recording away. 

Your responsibilities as a site owner

  • March 1, 2012
  • Anonymous

You've copied Jason's comments from his YouTube page; you may want to remove them as they can be considered libelous. Best to be safe as I'm sure you, as a site owner, wouldn't want to become embroiled in a legal situation from a poorly chosen post.

What??

  • March 2, 2012
  • Judsonian

Who are you referencing and which comments?

The kid asked for it i can

  • March 1, 2012
  • Bravo51

The kid asked for it i can tell you it would have ended with just showing the id and then the cop would have gotten friendly and might have even looked out for the kid but instead the kid got all aclu loser on the cops and he got what he deserved.

both are in the wrong

  • March 2, 2012
  • htown

Both parties are in the wrong and bent on making a point. The photog for being a jerk and the cop for being a bully.

You're a bunch of wimps

  • March 2, 2012
  • kevin

You're a bunch of wimps saying just bend over and take it!

 

The right way isn't always the easy way, but its the right way.

someone educate these cops

Someone needs to educate this department on the law.  And furthermore, how difficult is it for them to tell what he's doing?  He taking photos, it's not a sniper rifle.

Samrt-ass

I agree with a lot of the posts here.

I've been a working photographer for over 25 years, this photographer started off with a smart-ass, smarmy attitude.

If he'd shown ID, acted somewhat professional, and expanded his explanation of whathe was doing so that the officer would have understood the concept, this would have had a much better outcome.

Now this isn't a place to discuss 1st amendment rights, which in my opinion weren't trod upon, but hey, police have a tough job, and they do need to look out for themselves.

 

Just my 2 cents.

I don't get it! I don't know

  • March 2, 2012
  • tim

I don't get it! I don't know how the rigth's in america are but here in germany the police have the right to check your ID and if you not have one or won't show it he can arest you and identify your personality there. If you don't like it change the country, you have provoke the policeman. God please sent (let it rain) Brain/knowlege/education! 

RE: I don't get it! I don't know

  • March 2, 2012
  • Richard Tack

"he can...identify your personality."

Oh, I think the cops in this case definitely had no problem identifying this clown's personality.

that's enough i will never

  • March 2, 2012
  • get

that's enough i will never visit this site enymore, what a bull...

yes the kid was a smart A**

  • March 3, 2012
  • Cheyne

yes the kid was a smart ass ill give everyone that. However he did try to explain to the cop several times what his legitimate reason for being there was. It is not his fault that the cop didnt undrstand. while I agree it would have just been easier to show his ID and be friendly or contact the department before hand about it, it is not required. the arguement that "if you have nothing to hide then just show your ID" is really weak. it is akin to saying "if you have nothing to hide then just let them search your car or your house", I dont let cops search my car when a cop asks mainly becuase most cops are a**holes about it and just throw your stuff around, but also because it is my right to say no.

as for the cops saying that he can not "record their voices" while most staes do have wire tap laws that prohibit you from recording someone without thir permission, the same laws hat provide us with the protection to be able to photograph/video people on the street allow us to record sound (including voice) in a public area because there is no "reasonable expectation of privacy".

Police have a tough job and dont get paid near enough for what they do, so they do deserve a measure of respect but we need to stand up for our rights whenever possible or we begin to trade them for a sense of fasle security.

bottom line is the kid WAS an a**hole but we cant not stand up for our rights just becuase it makes things easier.

yes the kid was a smart A**

  • March 3, 2012
  • seth1066

Rights are not obligations to be invoked every single time just because you can. BTW, 24 states have "stop and Indentify" statutes, so it is not a right in those states.

  But only when someone is

  • March 10, 2012
  • kevin

 

But only when someone is detained. He wasn't detained here, he was just questioned.

You must have missed "reasonably suspected of involvement in a crime".

I guess you just gloss over the details when they don't agree with your narrow view on the law and world views.

 

RE: "But only when someone is detained."

  • March 11, 2012
  • seth1066

We don't know if he was being detained or not. The OP never asks if he is being detained and the police were under no obligation to inform him whether or not he was, at any point, detained. You must have missed it in the source you yourself quoted:

"Police are not usually required to tell a person that he is free to decline to answer questions and go about his business; however, a person can usually determine whether the interaction is consensual by asking, 'Am I free to go?' "

I didn't miss it, he should

  • March 11, 2012
  • kevin

I didn't miss it, he should have known that if he's gonna start spouting off what the "law" is. He should have asked as soon as possible if hes done something wrong, is he being detained, and is he free to go.

From the looks of the video, they had just started asking him questions and he wasn't being detained.

I wouldn't reasonably suspect I was being detained until the cop told the other cop to park in front of the car, like said in the video, then I would ask If I've done something wrong, am I being detained, and am I free to go.

"A person is detained when circumstances are such that a reasonable person would believe he is not free to leave."

 

 

A lot of opinion on this thread

  • March 3, 2012
  • Jim

This will be my last post on the thread.

I've probably done more Terry stops than anyone on this thread.  The general rules are as I have explained them.  Do I think the cop handled it badly?  From a courtesy standpoint, probably yes.  But legally, he was in the right.

The young man was wrong about his ability to record the conversation.  15 seconds of research shows that Pennsylvania is a "two-party consent" state, meaning the officer had to know and consent to the monitoring.  (Your very expensive lawyer can argue in court after your arrest that the officer had no expectation of privacy.) The only exceptions under the Pennsylvania law are for internet providers and law enforcement.  http://www.attorneygeneral.gov/crime.aspx?id=199 Until either the state changes the law or a court overturns it, that is the law.

So, if you are not planning on cooperating with law enforcement, do some research from primary sources (the actual laws and court opinions), know what your rights really are, have copies of the pertinent laws with you, and be prepared to accept the consequences.  Me, I'll show my ID, smile, talk my way out of it, and get my photos.

I don't mean to keep

  • March 3, 2012
  • kevin

I don't mean to keep responding to you like I'm singling you out, but I am. You seem level headed and educated so there!

Anyway! Yes its an all party state, and 12 are now. (as of 2010 I think?)

Here's a good list if anyone is interested. It's dated 2009 so you may need further research.

http://www.ncsl.org/issues-research/telecom/electronic-surveillance-laws.aspx

I just want to point out that if everyone starts recording, for your own protection and others, that the "reasonable expectation of privacy" in public, won't be, and you are free to record without fear of prosecution. Would you want the CCTV in the govt's hands or in your own?

 

Thanks Jim for putting up with me!

RE: A lot of opinion on this thread

  • March 3, 2012
  • seth1066

The Federal wiretapping law is widely quoted and copied by many states. However, imo, it is juat about police procedure in performing recordings fro crimonal evodence and prosecution. Notice the AG states in his dissertation:

"With the limited exception of telemarketers, there is no sweeping exception for the private sector absent all parties awareness and consent to the interception of the communication."

IOW, there is no exception mentioned for the private sector, but what about individuals protecting themselves from state abuse of powers?

If you remember the Linda Tripp telephone recordings of Monica Lewinsky, she was in hot water for making one party consent (her own) recordings by Maryland invoking their wiretap statute which was copied from the Fedral statute practically word for word.

Maryland after all the bluster decided not to prosecute, mainly because that well used wiretap law would be defeated in a trial involving a private person doing the recording.

The right to record, in my mind, is far more important than any right not show one's i.d. If someone is stopped legally snooping around near where I live, I'd surely want the police to know who and what he/she is. Pedophile? Escaped convict? Contract killer? Arsonist? Mentally deranged individual?

The Supremes on Recording the police

  • March 3, 2012
  • seth1066

The court noted that past decisions on police recording had involved fulltime reporters, but said the First Amendment does not apply just to professional news gatherers.

    "Moreover, changes in technology and society have made the lines between private citizen and journalist exceedingly difficult to draw. The proliferation of electronic devices with video-recording capability means that many of our images of current events come from bystanders with a ready cell phone or digital camera rather than a traditional film crew, and news stories are now just as likely to be broken by a blogger at her computer as a reporter at a major newspaper. Such developments make clear why the news-gathering protections of the First Amendment cannot turn on professional credentials or status."

The court continued that exercise of these rights do come with limits in certain circumstances.

Correction On "The Supremes"

  • March 3, 2012
  • seth1066

Oops! Not the US Supreme Court, it was the Federal Appeals Court.

Sounds like one of those

  • March 4, 2012
  • Anonymous

Sounds like one of those "occupy" slackers.  Cop showed have shot him in the leg and said the dslr looked "gun like" in the dark

Dude was being a SMART ASS

  • March 5, 2012
  • Anonymous

This is so not police harassment.This is just some dude intentionally being a dick to aurthority,whne asked perfectly valid questions.

I can guarantee,that  if this guy just producedhis ID,the cops would have let him be,hell they may have even asked to sneek a peak.But for whatever reason he decided tobe an ASS.........................

so I dont feel one bit sorry for him,he was being stupid, seriously how hard would it have been to show his ID,considering he had it.He was intenitional in his rebeliousness

Love the part where he tries to drop names

  • March 6, 2012
  • Boj

Dude, if you are going to try to drop names, then actually know who they are. Don't say I know this guy, then backtrack to well my dad knows him.

Personally having been in a very similar situation, the photog was a douche. I was harrased for taking pics of a IRS facility , which happened to be in an old historic building. I did assure the cop I was in the right, but he wouldn't budge. So I left, got the docs to prove I was right and went right to their management and now ther is no longer an issue.

Don't give in

  • March 11, 2012
  • Anonymous

I was taking pictures and video of an electrical power plant from private property where I had a signed release from the property owner to be on his property. Security guards illegally came onto the property to hassle me and then called the police who also hassled me. I refused to give them anything other than a copy of the signed release to be on the property and the phone number of the property owner.  They arrested me.

The case was dismissed and I got a $100k settlement from the electric company and the cases against the sheriff's department is stilll pending, but my lawyer is in settlement talks with them as well.

Overrating the "Being Right" thing

  • March 11, 2012
  • Omar Colocci

Seriously, it's sad he went through that, but with age you learn to value certain things in life, and how to take the best of what you get, you know?

What's the point of standing for simply "being right" for itself and having all this trouble?

If a cop ask my ID I'll show it to him, no problem. If he asks what I'm doing I'll get annoyed but, let's face it, doesn't make a difference, so why not try to explain properly (what that guy didn't, at least in the video)? Why not try to create a friendly environment out of an annoying situation? Yeah, I've done that lots of times. Who knows, maybe in the end the cop would understand what is going on when he sees someone "camping" by a camera on a tripod in the future? Sometimes things end up being as simple as that.

Having peace of mind is better then being right.

What a jerk.

  • March 11, 2012
  • Ren

I am definitely in the "photographer was being a jerk" team.

Seriously, ok, so he *doesn't* have to show ID, but the cops are in a position of authority, they ask for ID, just show them the bloody ID.  Even if they ARE on powertrips, complying with their requests so they can do all their checks on your background to prove to themselves that you're doing nothing untoward makes them easier to deal with.

Showing the cop his ID and explaining in a noncondescending (and actually knowledgeable way) way what timelaspe photography when he was asked would have most likely ended the situation within a minute. He was being a smartass and nothing gets a cop's back up as being a smartass does. 

I've been approached by police in regards to my photography too.  I handed over my DL when they asked to see it, confirmed my address and then answered their questions? What was I doing? Taking pictures of a bridge. Why was I doing that? Because... *gushy voice*... LOOK HOW PRETTY IT IS!  They laughed, I laughed. They told me to be careful and left.

Catch more flies with honey than vinegar.

 

In Soviet Russia

  • March 16, 2012
  • Anonymous

In Soviet Russia, you don't take pictures..... pictures take you!

I wonder

  • March 16, 2012
  • seth1066

I wonder how many cops wish and/or fantasize that they had pulled any of the 911 terrorists over and succesfully busted them for something, thereby preventing at least one of those planes from wreaking their destruction and saving all those lives, a known number in each case.

I'd bet all of them have had that thought, even if it was fleeting and a one-off. Hell, even I've had those thoughts and I'm not a cop, but I lived 2.2 miles from the hotel they stayed in.

I wonder what part that plays on the cop's psyche and how that might manifest itself in day to day interactions with the public.

    That is a romantic

  • March 16, 2012
  • kevin

 

 

That is a romantic thought, to be just one man (or woman) inadvertently stopping a terrorist plot with the simple act of doing your job.

I wonder how a cop would know beforehand that someone is a terrorist. Is it the way they look, how they talk, what they're doing at the time? When someone says terrorist what comes to mind? It's probably a guy with a beard and a turban with a thick accent or speaking a different language, probably has bombs strapped to him, or is making a knife out of a toothbrush and razor blades. A white guy taking pictures probably isn't what you think of when someone says terrorist.

And don't get offended that you feel that way, it happens subconsciously and you really can't control it. It's been programmed into you by the media, movies, and actual events.

Cops are trained and tested over and over to react the same way to varying situations and to act professional so that they don't end up profiling the guy with the accent and the turban. It still happens though, we're only human. So sure, it would be nice to stop a terrorist before he/she strikes, but cmon, that's very unlikely. This isn't Minority Report, you still need proof that they're a would be terrorist.

 

 

Timothy McVeigh, a "white

  • March 17, 2012
  • seth1066

Timothy McVeigh, a "white guy."

Is that what you think of

  • March 17, 2012
  • kevin

Is that what you think of when you hear terrorist? Are you leery of all white people now?

It is not about what I think

  • March 17, 2012
  • seth1066

It's about what the police mind set is. Apparently, they aren't getting calls about people on bridges and then radioing in saying, "Chief, we went by the location and didn't stop, it was just some white guy..." .

Who's to say they're even

  • March 17, 2012
  • Kevin

Who's to say they're even getting calls that people are on bridges? Normal, sane, intelligent people are probably seeing they have a camera and thinking "oh hey, I'm not a totall idiot, that's not a terrorist, it's just a guy with a camera." and then not calling the cops. Seems reasonable. Would you call the cops if you saw a guy with a camera taking pictures of traffic?

Third subject jump

  • March 18, 2012
  • seth1066

On this one you've gone from the mindset of the police to "white guys" aren't terrorists and now, would the police be called in the first place. Since you obviously don't want to  to engage in a logical argumentative debate on any particular facet relating to the thread, have a nice day. Don't forget to have the last word and then declare yourself the "winner."

Wow easy win! You didn't put

  • March 18, 2012
  • Kevin

Wow easy win! You didn't put up much of a fight anyway. You didn't answer any questions and changed the subject every time you got flustered with a hard one.

Thanks for playing. NEXT!

Wow easy win!

  • March 19, 2012
  • seth1066

Yes, folks, Kevy is also delusional. Now, watch, he'll continue to respond with his one upmanship replies after every post made. C'mon, loser, we're on the edge of our seats waiting for your next, "Mommy said I'm a winner." post.

Wow, you're hella mad!   If

  • March 19, 2012
  • kevin

Wow, you're hella mad!

 

If you're so overcome with anger that you can't help but respond then maybe the problem is with you and your mommy issues.

 

Who are the "folks"? Are people watching you? Who's on the edge of their seats? I think you may be going insane and you should check yourself into a home as soon as possible.

Bwaahhahaha......!

  • March 19, 2012
  • seth1066

See, what did I tell you... Right on cue, Pavlov's Dog Breath. Ding! Ding! Hit the keyboard, Kevy...

heya guys. I think this discussion is not productive for either

  • March 19, 2012
  • udijw

of you. I think both your points are clear and you are now slowly sliding into the realm of bad and offendig dicsussion. Please discuss to the point.

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